MarkCowan

Hi Everyone, so my brother is currently in the USA on his 90 day VWP and is coming near the end.
He was approached by a model agency. They advise that they can get overseas people sponsored visa's. Can anyone advise what this visa is and what its likely outcome will be?

Also since he is coming to the end of his 90days, should he return to the UK and come back immediately for another 90 days or stay there (home) for a few weeks etc - does it matter?

I am assuming that if he overstays his 90 days then it would be very hard for a company to sponsor him while he was actually in the USA - or is it possible at all? I know anyone can overstay their visa, thats not what I am asking in this post - I am just asking how hard or simple will it be for that company to proceed.

My other brother and myself hold green cards but are not citizens.

All comments and responses are very much appreciated.

Thanks, Mark.

Noorah101

Perhaps an O-1 visa? The outcome will simply depend on whether your brother qualifies for whatever visa the company is sponsoring him for. If the job and his qualifications are a match, and he has no criminal history, communicable diseases, or prior US immigration issues, chances are good he'll get the visa.

No. It's not advisable to come back to soon after a VWP visit. Back to back trips like that are likely to get him bounced back at the POE. He should stay outside the USA longer than he was inside, for best results. So if he was in the USA for 88 days, he should stay outside the USA 88+ days before attempting another VWP trip. That's not a law, but just a general rule of thumb for best results to be admitted again at the US POE.

Not only hard, but impossible, as one is not allowed to change status to anything else while on a VWP visit. If he had entered on a B-2 visa, that would be different...but being on the VWP does not allow him to change status while inside the USA at all. (Note that "change of status" is not the same as "adjustment of status to permanent resident" after marriage to a USC.)

Also, if he overstays, he will never be able to use the VWP again, ever.

Basically, in order to work for the modeling agency, your brother will need the agency/company to file a petition for some sort of work visa. Your brother should not overstay his 90 day visit. He should stay outside the USA longer than he was inside before trying another VWP visit. The company will know which visa will be best for him, they should have a company lawyer who handles hiring foreign employees.

Rene

Rene

MarkCowan

thank you very much Rene, this is very valuable information